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ELECTRONIC DATA SYSTEMS CORPORATION v. ATTORNEY GENERAL

SJC-10260

454 Mass. 63 (2009)

ELECTRONIC DATA SYSTEMS CORPORATION v. ATTORNEY GENERAL & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 11, 2009.

Attorney(s) appearing for the Case

Robert P. Morris for the plaintiff.

Kevin Conroy, Assistant Attorney General (Marsha Hunter, Assistant Attorney General, with him) for Attorney General.

The following submitted briefs for amici curiae:

Ben Robbins, Martin J. Newhouse, & Jo Ann Shotwell Kaplan for New England Legal Foundation & others.

Sherley E. Cruz & Cynthia Mark for Greater Boston Legal Services.

Philip J. Gordon for National Employment Lawyers Association, Massachusetts Chapter.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

BOTSFORD, J.

In this case we return to the question whether the written vacation pay policy of the plaintiff, Electronic Data Systems Corporation (EDS), violates G. L. c. 149, § 148 (Wage Act, or § 148), when applied to an employee who is involuntarily terminated. See Electronic Data Sys. Corp. v. Attorney Gen., 440 Mass. 1020 (2003) (EDS I). Giving deference...

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